Kerala

Alappuzha

CC/393/2011

V.V.Vinod - Complainant(s)

Versus

SNDP Sakha Yogam No.363 - Opp.Party(s)

29 Feb 2012

ORDER

IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
 
Complaint Case No. CC/393/2011
 
1. V.V.Vinod
S/o.Viswan,Valasseril House,Thathampally.P.O-688013,AmbalappuzhaTaluk,Alappuzha
...........Complainant(s)
Versus
1. SNDP Sakha Yogam No.363
Kakkazham,Neerkkunnam.P.O,TDMC,Alappuzha-05,Rep.by Secretary
2. P.G.Babu
President,SNDP Br No.363,S/o.Gangadharan,Kopparakkadavu,Kakkazham,Alappuzha
3. Bhaskaran
Secretary,SNDP Br.No.363,S/o.Kesavan,Anavelil Veedu,Neerkkunnam,Alappuzha
4. Official Receiver
C/o.SNDP Br No.363,Regional Office,Federal Bank,Alappuzha
............Opp.Party(s)
 
BEFORE: 
 HONORABLE JIMMY KORAH PRESIDENT
 HONORABLE K.Anirudhan Member
 
PRESENT:
 
ORDER

 

IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA

Wednesday the 29th day of  February, 2012

Filed  on 02.12.2011

 

Present

  1. Sri. Jimmy Korah (President)
  2. Sri. K. Anirudhan (Member)
  3. Smt. Shajitha Beevi (Member)

 

in

C.C.No.393/2011

between

Complainant:-                                                                                             Opposite Parties:-

 

Sri. V.V. Vinod                                                                                          1.         SNDP Sakha Yogam No.363
Valasseril House                                                                                                     Kakkazhom, Neerkkunnam P.O.

P.O. Thathampally – 688 013                                                                                 TDMC – Alappuzha – 5

Ambalappuzha Taluk                                                                                              Represented by its Secretary

Alappuzha

(By Adv. M.G.Reshu)                                                                                2.         Sri.P.G. Babu  (President, 

SNDP Branch No. 363) Thayamkari Veedu, Kopparakadavu, Kakkazhom

                                                                                                                              Alappuzha

 

3.         Sri.K.Bhaskaran,  (Secretary,

SNDP Branch No. 363)

                                                            Anavelil House, Neerkkunnam,

                                                            Alappuzha 

 

4.         Official Receiver (C/o SNDP  Branch No.363, Regional Office, Federal Bank, Alappuzha 

 

O R D E R

SMT. N.SHAJITHA BEEVI (MEMBER)

          

Sri. V.V. Vinod  has filed this complaint before the Forum on 26.11.2009 alleging deficiency in service on the part of the opposite parties. The brief facts of the allegations of the complainant are as follows:- The 2nd   and 3rd opposite parties are the President and Secretary  of the first opposite party – SNDP Sakha Yogam No. 363, Kakkazhom. The 4th opposite party is the official receiver of the first opposite party.  The 2nd and 3rd opposite parties  have  assured him that they will invest the funds in different ventures and make profits thereof will be distributed among the investors  @ 24% per annum payable on monthly basis.  On their assurance the complainant had deposited a total sum of Rs.1,00,000/- before the Trust on 23.12.2003.   The opposite parties had issued Pass book and paid interest till June, 2006.  The pass book shows that the deposit amount, interest paid etc.    The opposite parties failed to pay the interest or deposited amount till date,  he had requested the opposite parties to return the principal amount and its agreed rate of interest due.  But the opposite parties have not taken any earnest steps to give back the deposited amount together with interest.  Hence he filed this complaint seeking relief.

            2.   Notices were issued to the opposite parties, and they had not appeared before this Forum.  Considering their absence, they were set exparte by this Forum.

            3. Considering the allegations of the complainant, this Forum has  raised the following issues:-

1) Whether there is any deficiently in service and negligence on the part of the opposite parties in repayment of fixed deposit to the complainant?

           

2) Whether the complainant is entitled to get compensation and costs from the  opposite parties?

          

            5. Issues 1 and 2:- Complainant had filed proof affidavit in the support of his case and produced documents in evidence – Ext.A1 marked. Ext. A1 is the original pass book.  The book shows that an amount of Rs.1,00,000/-  is  to be released.   

6. On a careful study of the entire matter of this case, it can be seen that as per the assurance given by the opposite parties, the complainant had deposited the amount in the Trust administered by the opposite parties. The opposite parties had paid interest to the complainant for a certain period, for the said deposited amount.  Since the opposite parties had defaulted payment of interest, the complainant requested the opposite parties to return the amount with interest. But the opposite parties have not shown any  effort to return the same. This will amounts to cheating. The entire actions on the part of the opposite parties shows the deficiency in service and negligence. There is no justification on the part of the opposite parties in retaining the amount which is payable to the complainant. The complainant is entitled to get back the deposited amounts with interest fully. Since there is deficiency in service and negligence on the part of the opposite parties by way of denial of repayment to the depositors, the complainant is entitled to get compensation and costs from the opposite parties and that the opposite parties are jointly and severely liable for that.  Considering, the whole aspects of this case, we are fully convinced that the allegations put forward by the complainant are highly genuine. So the complaint is to be allowed – All the issues are found in favour of the complainant.

            In the result, for the ends of justice, we hereby direct the opposite parties to return the amount of Rs.1,00,000/- (Rupees one lakh only) with 18% interest from June, 2006 till the date of repayment of the entire amount to the complainant  and pay a compensation of Rs. 5,000/- (Rupees five thousand only) to the complainant for her mental agony, pain, sufferings, inconvenience and loss due to the grossest deficiency in service and culpable negligence on the part of the opposite parties by way of refusal to return back the deposited amounts and its interest in time to the complainant, and further pay a sum of Rs.500/- (Rupees five hundred only) as cost of this proceedings. We further direct the opposite parties to pay the above said amounts to the complainant within the 30 days from the date of receipt of this order.

Pronounced in open Forum on this the 29th day of February, 2012.

   

                                                                                                                                                 Sd/- Smt. N. Shajitha Beevi:

                                                                                               

                                                  Sd/- Sri. Jimmy Korah:

                                                           

                                                                                                                                                   Sd/- Sri.K. Anidudhan:

 

 

Appendix:-

 

Evidence of the complainant:- 

 

Ext. A1                        -                       Original pass book

 

Evidence of the opposite parties:-  Nil

 

 

// True Copy //

 

                                                                                                                                                                        By Order

 

 

                                                                                                                                                            Senior Superintendent

To

            Complainant/Opposite parties/S.F.

 

 

 

 

Typed by:-pr/-

 

Compared by:-

 

 

 

 

 
 
[HONORABLE JIMMY KORAH]
PRESIDENT
 
[HONORABLE K.Anirudhan]
Member

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